USA > New York > Kings County > Gravesend > History of the town of Gravesend, N.Y. > Part 3
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Sunday Laws .- On the 5th of Oct., 1666, "Thomas Whitlock and John Griggs were presented before the Town Court for buying and selling land on the first day of the week. John Grieg said he did not remember such a covenant. The Cour, however, orderof that
THIE TOWN COURT.
the bargain be declared void, and each be fined 15 shil- lings and cost of Court."
The records furnish another law equally decisive upon this point.
" Whereas there is a prohibition express by an order from the Governor of all such exercises upon ye first day of ye week as gunning, ball-playing, horse-racing, nine-pins, ex- ' cessive drinking and ryotting with other ye like which greatly tends to ye dishonor of God, ye hindrance of many from and in religious duties to ye reproach of ye Government and ye shame of ye place, for ye preventing whereof the ofli- vers of this town according to their dutye have given due notice that what person soever shall in the like transgress, shall pay 10 shillings and answer it before the Governor. This act proclaimed the 13 of 8 month 1675."
Sundry Orders and Contracts .- The town at this early period seems to have suffered much from the depredations of wolves. This part of the island, being in some portions thickly wooded, furnished, for a time, a secure lair for these wild beasts, from which they could make their nightly raids upon the unprotected fock and fowls of the settlers.
To encourage their extermination, therefore, the town, in 1657, ordered a bounty of 5 gilders to be given for every wolf killed within the town corpora- tion. This extra inducement, added to the self-interest of each individual, led to such a determined effort against the common enemy as greatly held them in check, and in due time caused their entire disappear- ance.
The woods, to which we have referred as covering a large area of the town, were at first common property, and at the disposal of any one who might be at the pains to cut fire-wood or timber therefrom. And to proteet every man in this right, a town-order was made about this time, laying a fine of 20 gilders upon any one who should take for himself the wood or timber which another had cut. There must have been some dishonest men, even in those days, to make such a law necessary.
Houses of the Olden Time .- It may be inter- esting to know the style of house which afforded shelter and protection to the early settlers. If the fol- lowing is a fair specimen, it will not strike us as being too daborate or expensive, even for that early day. Here is the contract for a dwelling, as entered by the town-elerk upon his record :
"Ambrose London bargained and agreed with Michah Jure for his building him a house by the middle of June nexte, and to paye the said Michah 40 gilders for it-at the time he begins a skipple of Indian corne, at the raising of it 10 guilders, and at ye finishing of it ye rest of the said sninm. Ye house to be made 22 foote long, 12 foote wide, 8 foote stoode with a petition in ye middle, and a chimney, to laye booth rooms with joice, to cover ye roof, and make up both gable ends with clabboards, as also to make two win- dows and a door."
This man, London, was rather a speculator, and soon disposed of this house, and made another contract for
a larger and still more commodious one ; the contract price for building it being $44.00. John Hawes was the builder, and his contract was to build "1 house framed uppon sills of 26 foote long, and lo foote broad and 10 foote stoode, with 2 chinmeys in ye mul- dle and 2 doors and two windows, and to clabboard only ye roof and dobe the rest parte." The price was 110 gilders, or instead, " one Dutch cow."
Household Furniture, etc. - But, if their houses were built more with reference to their comfort and actual necessities than for display, the same was true of their houschold furniture and personal effects, as will be seen from the following inventory of the estate of John Buckman, deceased, dated in the year 1651. and signed by Lady Moody as one of the witnesses. Among a few other articles appear the following : " 1 Kettle, 1 Frying pan, 1 Traye, 1 Jarre, 1 pair breeche- 1 Bonett, 1 Jackett, 1 Paile, 2 Shirts, 1 Tubbe; 1 Pair shoes, 2 pair ould stockings, 9 ould goats, money in chest, 32 gilders."
The Town Court .- This court (see p. 164) was established in 1646, by the elcetion of three men, act- ing as justices, to hear and settle all complaints brought before them. It took coguizanee of cases of slander. trespass, theft and debt ; and in all cases coming within their jurisdiction, where the damage did not exceed 50 Holland gilders ($20). the decision of any two of the magistrates was final. But, in all cases where the damage was in excess of $20, an appeal could be taken from this to a higher court. At first the time and patience of the court was severely taxed, in being compelled to listen to complaints of the mo -: trivial character, which obliged them to hold frequent and otherwise unnecessary sessions. To remedy this. and, so far as possible, relieve the court, in 1650, at a general town meeting, "Itt was then and there agreed unto that a general Court should be held once or twice a year, and that yo town should make choice of two or three men to sitt with ye Court att these times and to adjudicate with them about such matters as maye con- cerne ye good of ye general and every one in particu- lar, and yt ye present pattent be read att these times to ye whole Inhabitants." It was also or lered. by public vote, that those found guilty of "slander. laying violent hands upon any to the breach of the peace, theft," &c., should be punished, " Either by fining, imprisoning, stocking or standing in a publiek place." The latter became the common mode of pun- ishment for these offences. There are those still living among us who remember well the old stocks, which were placed near the town-hall, where prisoners con- vieted of petty erimes were made a public show, and were hooted at and pelted by the boys of the neigh- borhood.
As already observed, the records of the town for the first fifty years were largely taken up with the transfer of real-estate: which may find explanation in the fact
12
HISTORY OF THE TOWN OF GRAVESEND.
that breach of contract was, during all this time, a com- mon cause of complaint before the Court, and great trouble and annoyance was caused in settling these diffi- culties for the want of a written agreement; so that, in 1651, the court ordered " that for the future, all bar- gains and sales should be recorded by the town-clerk, or be in writing with sufficient witnesses, or the Court would give them no hearing."
Cases of theft were not entirely unknown, even in those days of primitive simplicity and honesty. We quote the following as a fair specimen of many of the grave complaints which taxed the wisdom and patience of the court.
Thomas Cornwell was plaintiff, and Ambrose London defendant, in an " action for taking awaye his henn and selling it. Order of ye Court was that ye said Ambrose Should restore again ye henn, which he promised to doe." But failing to comply with the order, in Jan., 1649, the court again ordered "that he should forth- with paye to the said Cornwell 3 gilders and 8 stivers with the Cost of Court."
The most common offence with which the court was called upon to deal was slander. So troubled was the court with cases of this character, which were brought without any just cause, or upon insufficient evidence, or, as the court expressed it, "caused by certain buise bodyes, persons insendiaries of mischief and trouble," that at length a fine of 50 gilders was ordered against any man who should bring such action without the nec- essary proof. Sometimes the punishment was made se- vere in aggravated cases, if the charge was proved. Again, satisfaction was rendered by the accused making a suitable acknowledgment of his wrong-doing, and apologizing therefor, with promise of future amend- ment. It would be unjust to suppose that the offenders formed any large portion of the little colony. The great majority were honest, thrifty, law-abiding citizens. We thus judge, because only a few names appear, and these repeatedly, as defendants in these actions. The
The next year Sergeant Hubbard, in behalf of his wife, brings a similar charge against the same Apple- gate. Here it is :
" Defendant is charged with saying ye plaintif had
but half a wife. Being questioned by the court if he could disprove the fact, said, he never said it. Never- theless, the Court sentenced him to make publick ac- knowledgment of his error, and to stand at the publick poste during the pleasure of the Court, with a paper ou his breast mentioning the reason: that he is a notorion. scandalous person; wherenpon, he again confessed hi- guilt, and desired her to pass it by, and remit it, which she freely did, and he gave her thanks."
In the case of Ann Goulder, evidently an old offender. found guilty of slander, she was ordered " to standlinve yrons half an hour, with a paper on her breast declaring her to be a publick disturber of ye peace, and if any further trouble from her, she to be put out of ye town."
Ambrose London brought suit against the wife of Thomas Applegate, for saying " his wife did milk her cows. The Def't saith she said no otherwise but a. Penelope Prince tonld her, yt Ambrose, his wife. di inilk her cows. Penelope Prince being questioned. a .- knowledged her fault in soe speaking, and being corrie for her words, she spoke satisfaction on both sides."
That it was a serions thing in those days to steak evil of those in authority, is evident from the following case:
Thomas Applegate, Sr., it appears, had brought : case before the Governor for adjudication. A. decision had been against him, he felt himself greatly wronged; and had, in his anger, said that undue indu- ence had been brought to bear upon his Excellener to effeet this result. « Consequently, at a court held D.c. 26th, 1650, he was charged with saying that the Gover- nor "took bribes." Although he positively denied the charge, "yett nevertheless the Court being sufficiently satisfied in their consciences according to the evidence yt ye said Applegate had spoken ye said words. : Le which being soe contrarie to all rules and laws divin .- and human, not to scandalize or to speak evil of any person much more of ruler and Gov. ye Court dee therefore adjudge ye said Applegate doe deserve to severity of the punishment sometimes imposed may also : have his tongue bored through with a red hott yr ... be taken as a fair interpretation of the contempt with which the better portion of the community looked down . upon these disturbances of the common weal. Judg- ment, too, was pronounced without respect of person: and female gossips received no better treatment at the hands of the law than their male companions. The fol- lowing are fair specimens of the many that fill the court record. In 1650 Nicholas Stillwell brought an action for slander against Thomas Applegate, for saying, " he thought if plaintiff's debts were paid he would have lit- tle left." As he had nothing to say to the charge, the eourt admonished him, and fined him 12 gilders and the cost of court.
and to make publiek acknowledgement of his great transgression therein, and never to have credit in anye of belief in any testimonie or relation he shall make either in court or countrie, and for ye execution of yr said sentence doe refer him to ye mercy of ye Gover- nor."
When this sentence was publicly read, the said At- plegate confessed his guilt, and asked forgiveness of the Governor, and begged the court to intercede ier "him; at the same time expressing the hope that this would be a warning to him in the future. We have every reason to believe that through the repentance .i the offender, and the kindly intercession of the cour :. the tongue of the slanderer escaped the judicial peric- ration, and that the remainder of the sentence was a ... remitted.
The above examples from Town-Court record- w".
13
COURT OF SESSIONS-QUIT-RENT.
suffice to show with what judicial wisdom and severity the minor offences against law and order were treated over two hundred years ago, in protecting the rights of our citizens and maintaining the public peace.
This brings us to the
Court of Sessions -This court, in the year 1668, was moved from Flatbush to Gravesend, where it re- mained for seventeen years. The original court house is said to have been built in 1668, and stood near the present Dutch church.
We find this interesting record of the court while held at Gravesend :
"Whereas there hath been several misdemeanors commit- tel in contempt of authority in the town of Gravesend, by throwing down the stocks, pulling down fences, and such like crimes ; the court also find there was no watch in town which might have prevented it, and being the offenders can- not be discovered, it is ordered that the town stand fined in 5 pounds till they have made discovery of the offenders."
A watch-house had been built about ten years before this, but the authorities had evidently become careless about keeping suitable guard at night. It would be an excellent thing if our local authorities, now-a-days, could be made, in like manner, responsible for good govern- ment.
Then, in 1685, by act of the Second Colonial Assem- bly, it was removed to Flatbush again; the latter place being considered the more central and convenient loca- tion for the transaction of county business. It remained here until its final removal to Brooklyn, where it is now held. The old record of the Court of Sessions, while it was held at Gravesend, may now be found in a fair state of preservation in the Register's office in the city of Brooklyn. The first entry in the book is as follows :
" Att a Court of Sessions held att Gravesend the 17 day of March, By his Royal Highness' authority, in the 25 year of the Reign of our Sovereign Lord Charles the Second, by the grace of God, of Great Brittain, France and Ireland King-defender of the faith, &c., and in the year of our Lord God 1668-9."
" Present, CORNELIUS VAN RUYDER. JAMES HUBBARD, RICHARD LOTT,
Justices.
The record of every regular session of the court is bogun in the same language as the above, changing only the date of its sitting, or the names of the pre-id- ing justices.
It was customary in this court for the Secretary of the Colony, or a member of the Council, or the High Sheriff, if present, to sit with the justices and preside over their deliberations.
The following case, tried here before a jury, shows that they were unwilling to have justice miscarry through any technical defeet in the indictment, or to have any artful schemer profit by another's ignorance of the law :
"Samuel Dennis. Pltf. John Van Cleef, Def't .- The Plantif produced the Def'ts obligacion wherein hve was to
pay him severall parcells of corne in Nov. last. The Left. owned it was his act and deed, but objected that the action was not legally entered, nor a declaration given in. Where- upon, it being left to the jury they brought in their verdic: as followeth. That seeing the pltf is a stranger. and i. us- acquainted with the laws so as to observe every cir unistaLee which is proper for ourselves, but hath observed the end and substance of the law, though not every circumstance. tha: therefore hee have a present determination or hearing. seeing the law in folio the fourth, doth not make a negative excep- tion in this case."
"The Worshipl Court allow the verdict, and order present payment of the debt, with two pounds damage and costs of Court."
The following case shows a hospitable regard, on the part of the court, for the comfort and welfare of strangers :
"The Constable of Bushwick presented Heumphry Clay for Retayling of Liquor without a license, but the Court being Informed that hee keeps an inn att Mar path Hills for the accommodation of Strangers they have thought best to grant him a license and remit the fine."
We will mention but one other case, worthy of note because of the peculiar punishment inflicted. We have been able to find no evidence of this case in the records of the court, but find it stated in THOMPSON's History of Long Island. From the date given we think there must be some mistake as to the locality, but we give it as we find it. A soldier was convicted before the Court of Sessions in Gravesend for leaving his post while on guard, for the evident purpose of indulging his appetite for strong drink. He was condemned to sit upon a wooden horse during parade, with a pitcher in one hand and a sword in the other, to signify that he loved h .. beer more than his duty, and that his conrage was determined by the quantity consumed.
Quit-Rent -The patent of Gov. Kieft exactelfrom the settlers one-tenth of the revenne of the soil, as quit- rent, to be paid yearly to His Majesty. By the Doarm Patent of 1686 this yearly tax was commuted to Fix bushels of good merchantable winter-wheat, to be pati every 25th of March to some officer of the government duly appointed to receive it. This certainly was hof an exorbitant demand for the favors the town had received: nor have we heard that complaint was ever unvlr.
There are, among the old papers of the town, sev. ra' receipts (the earliest dated 1776) for this quit-rent. given by the Receiver-General, or by his deputy, which -bow that the town continued to pay the six bushels of wheat as late, at least, as 1780.
After the Revolutionary war, and in the year 17-6. the legislature passed an act providing that any inti- viduals or corporations in arrears for quit-rents, who should pay sneh arrearages, less eight years (the peris? of the war), and a sim equal to fourteen year- addi- tional quit-rent, should receive a certificate from the treasurer of the State and be thenceforth for vores- empted from the payment of any quitres T's
HISTORY OF THE TOWN OF GRAVESEND.
Gravesend met its obligations fully is shown by the following :
"Patent granted to the inhabitants of Gravesend in Kings County date 10 Sept 1686. Quit rent six Bush Wheat pr ann
Paid up to 25 Mar 1775
From 25 March 1775
To 25 Dec
1786
11:9 8
BUS.
BUSH.
3:9
6
22}
6/- £6.15
14 yrs Comut.
6
84
6/- 25. 4
£31.19
Rec'd 12 Dec. 1786 From Olibert Terhune Supervisor of Gravesend Public Securities Which with the Interest Allowed Thereon amount to Thirty one Pounds Nineteen Shillings In Full for the Arrears of Quit Rent and a Commutation of the future Quit Rents that would have asrisen on the Above Des- cribed Patent.
GERARD BANCKER. Treas'r.
Assessors and County Treasurer. Assessors are first mentioned in 1691. The next year a County Treasurer was chosen to look after the money thus col- lected. He seems to have been chosen by representa- tives from the various towns, as is inferred from the following :
"At a general town meeting held Jan 22, 1692, John Poland and John Lake were chosen to meet other townsmen at Flat- bush to choose a County Treasurer, next monday being ye 25 of January. Also William Goulding and Daniel Lake to pre- sent our assessment to ye justices at Flatbush ye first of Feb. next ensuing, because ye assessors were absent."
A Port of Entry .- In 1693 Gravesend was one of the three ports of entry on Long Island.
Census .- The first attempt at a census of the town, which we have been able to find, was made in 1675 (Documentary History, Vol. II), as follows :
"The Accounpts from Gravesend this 14 of the 7th mo'th Anno 1675, of all personns Rateable according to ye law, as also of their Lands both upland and meadow ground, with the number of their cattle, namely -- Oxen : Cows : horses ; Mares ; and Sheep as follows : Of persons the troopers ex- cepted 30 : of oxen there is 26 : of cows there is to ye number of 107 : of cattle 107 : of horses and mares 62 : of colts 29 : of sheep to ye number of 60 : of acres of upland and Meadow ground 932.
..
By me Nicholas Stillwell. Constable, and ye Overseers. Rate £13 14s 5d. (Endorsed.)
Gravesend valuacons Brought in Sept. 20, 1675.
Exd. Rate £13 14s 3d."
1675. " Feb. 1st. At a general town meeting ye Inhabitants made choice of Nicholas Stillwell to be Con- stable ye present year. 13 voters." This could hardly have been the full number of voters in town, even at this early day.
1683. In a return of the persons, lands and cattle ratable according to law in Gravesend, we find there are 32 persous taxed ; number of acres, 1,856 : horses, 59 ; colts, 9 ; cows, 121 ; calves between hand 8 years, population of 3,719.
119 ; and 2 hogs kept by John Tilton, Sr .; 14 sheep. This shows a gain in some respects, and a falling off in others.
1698. In a list of the freeholders, their wives, chil- dren, apprentices and slaves, within Kings county, we find Gravesend credited with 31 men, 32 women, 124 children, 6 apprentices, and 17 slaves, making a total population of 210. At this time Brooklyn had a popu- lation of only 511, and all Kings county contained but 2,013 inhabitants.
1738. In another list of the inhabitants of Kings county, both white and black, the census of Gravesend is given as follows : " Total population, 268 ; white men, women and children, 218 ; blacks, 50." Thu- showing an increase in total population, in forty years of only 55 persons, and of these 33 were blacks. Brooklyn hal. according to this census, a total population a t.V. a. Kings county 2,348, as follows : Whites, 1,784 ; blacks, 564.
1788. In an old tax-list of this date, found among the town-papers, we find the number of inhabitants taxed in Gravesend to be 58. Only 47 of the above were real-estate owners, the others being taxed for per- sonal property. Number of acres, 2,211 ; number of horses, 95 ; cattle, 227 ; sleep, 42 ; slaves, 65.
1789. In a paper, similar to the above, there were but 42 real-estate owners on the list, and the number of acres given as 3,079. This paper is signed by Cornelius Stryker, John Emmans and Stephen Emmans, Assessors.
The following returns, sent to the Secretary's office in 1790, are valuable for the sake of comparison.
NAMES OF TOWNS.
£100.
Freeholders
.C220.
worth
Freeholders
408.
worth
Tenants
Males ..
Females.
SIAVOS ......
Brooklyn
97
105
98
592
537
437
Flatbush
87
40
1
137
148
141
Flatlands ..
34
8
15
313
294
390
Gravesend.
42
46
1
160
134
131
Bushwick
59
59
20
194
169
164
New Utrecht
43
46
8
170
159
204
355
376
149
1556
1096
1471
1
1791. We also have before us an old paper enti- tled : "The second payment of the tax for buikling Kings county Court House, apportioned to the Inhabi- tants of, or Ratable estates in the Town of Gravesend, 26 day of September, 1791." In this list we have 51 ratable estates, with their valuation, and the tax laid upon them. The highest valuation is put upon the estate of Richard Stillwell, Jr., it being $1.451, and his tax 04 6s 113d. The smallest valuation was Ch, and the tax id.
1500. The census for King county gives a total
.
15
CENSUS-HIGHWAYS.
1810. The census by towns was as follows : Brook- lyn, 4,402 ; Bushwick, 798 ; Flatbush, 517 ; Flatlands, 517 ; Gravesend, 520 ; New Utrecht, 907 ; total, 8,303. The gain in the county in ten years, from 1800 to 1810, was 2,563. The gain for Gravesend for the same time was only 3. It is probable that these returns eannot be relied upon as perfectly accurate in every particular, but they furnish a fair approximation.
In 1828 Brooklyn had a population of 7,475. In 1840, 36,233.
1835. The census gives the number of inhabitants of Gravesend as 695 ; or only 427 for nearly a century's increase of population ; not a very remarkable growth for 97 years. In 1864 there were 99 voters.
1880. The eensus shows a much more rapid increase, the number of inhabitants being given as over 3,500.
1883. The tax-list gives the names of 1,307 resi- dent tax-payers, beside a very large number of non- residents who pay taxes on parcels of land ranging in size from eity building-lots to several acres. The great inerease in population has been made in the last deeade. The benefits to be derived from living in a place where taxes are low, the elimate most healthful, and the surroundings altogether delightful, are begin- ning now to be appreciated as never before. We may justly look for a still larger increase in the next ten years.
Highways .- The first highways were narrow, un- fenced lanes, rightly designated upon the old records as " wagon-paths." As the cattle of the inhabitants gradually inereased, it became necessary for every man to fence his land adjoining the lanes, according to a town-order; and where the wagon-paths passed through the various lots of the farmers, as they very frequently did, the bars were to be carefully put up after every ingress and egress, under penalty of a fine for every negleet, and the damages which might result from stray cattle.
Four gates were also put up in the four quarters of the town, at the ends of the lanes, separating the eom- mon pasture-ground froin the cultivated fields. If the children, even, left these gates open, the parents were held responsible for the consequences.
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